Did you lose a close family member or relative in a devastating fatal car accident? Are you struggling to cope with the passing of your loved one? If so, you are not alone. You can fight to ensure the liable party is held accountable to the fullest extent of the law when you reach out to a Cocoa fatal car accident lawyer at Andrew Pickett Law, PLLC.
Andrew Pickett and his team of experienced paralegals are here to help you bring the liable party to justice and find the closure you deserve. We offer free consultations so you can learn more about what your next steps should be.
Common Causes of Fatal Car Accidents in Cocoa
Sadly, fatal car accidents are far more common than you might have thought. When an individual passes away due to a fatal car accident, their surviving family members and estate may be entitled to specific damages from the at-fault party.
To determine who is responsible for causing your loved one’s death, our wrongful death attorney will need to carefully evaluate how the fatal car accident occurred. Some causes of Cocoa fatal car accidents include:
- Distracted driving
- Failure to adhere to traffic laws, including speeding and failing to yield the right of way
- Driving under the influence of alcohol or drugs
- Poor weather conditions
- Driving while fatigued
- Driving aggressively or recklessly, and road rage
- Dangerous road conditions
Our wrongful death lawyer serving Cocoa will open up a thorough investigation into your family member’s death to uncover who is responsible for their passing. This party can then be compelled to compensate you for the decedent’s suffering and your family’s damages at trial if your case is successful.
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Establishing Liability for a Cocoa Fatal Car Accident
Establishing culpability for a fatal car accident in Coco is essential. In fact, the burden of proof will be based on a preponderance of the evidence.
Your lawyer will need to introduce powerful evidence that proves to the judge and jury that the defendant is more than likely to blame for your family member’s fatal injuries. Some of the parties found liable in fatal car accident claims include:
- Negligent drivers
- Social hosts and dram shops
- Auto parts manufacturers and related parties
- Government agencies and municipalities
Negligent drivers include those who fail to adhere to traffic laws or otherwise disregard the safety of themselves, their passengers, or others on the roadways. Negligent driving can take many forms, including tailgating, impaired driving, driving distracted, and committing other traffic violations.
Social Hosts and Dram Shops
Under Florida dram shop and social host responsibility lies, social hosts and dram shops may be held accountable when drunk drivers cause collisions.
Your attorney will need to show that a social host or dram shop overserved, sold, or otherwise provided the defendant with alcohol when they were already under the influence. Dram shops and social hosts can be held accountable when a drunk driver causes serious or fatal injuries.
Auto Parts Manufacturers and Related Parties
Motor vehicle parts will malfunction or become defective fairly often. There are some types of motor vehicle parts that are defective more often than others, such as tires, braking systems, seatbelts, fuel tanks, ignition switches, and airbags.
Not only can auto parts manufacturers be held accountable, but designers, suppliers, distributors, retailers, safety inspectors, and motor vehicle dealerships could all share liability for your damages.
Government Agencies and Municipalities
Government agencies, such as the Florida Department of Transportation (FDOT), the Florida Department of Highway Safety and Motor Vehicles (FLDHSMV), and municipalities have a responsibility to maintain the public roads and highways across the state.
When they fail to make necessary repairs or replace damaged or missing equipment, they can be held accountable for fatal car accident injuries.
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Filing a Wrongful Death Action for a Fatal Car Accident in Cocoa
If you are interested in seeking justice for your loved one’s fatal car accident injuries in Cocoa, there are several wrongful death laws you need to be aware of. These include:
Statute of Limitations for Cocoa Wrongful Death Claims
According to Fla. Stat. § 95.11(4)(d), wrongful death actions have a two-year statute of limitations which will expire from the date of the decedent’s death.
However, there may be no statute of limitations under Fla. Stat. § 95.11(10) if the decedent’s death was caused by manslaughter or murder. If your loved one passed away due to a fatal car accident, the liable party could have committed manslaughter.
The Right to File the Claim
According to Fla. Stat. § 768.20, only the executor or personal representative of the decedent’s estate has the right to file a claim. The decedent may have selected anyone of their choosing, but generally, these parties could include the decedent’s surviving spouse, parents, adult children, or other appointed representatives.
According to Fla. Stat. § 768.21, the decedent’s estate and surviving family members are entitled to specific types and amounts of damages as follows:
- Emotional trauma and suffering
- Loss of the decedent’s support, protection, services, instruction, and guidance
- Loss of parental companionship, advice, and love
- The decedent’s funeral and burial expenses
- The decedent’s medical expenses
- Loss of the decedent’s income and future earnings
You can find out more about how much your family could be awarded when you discuss your specific damages with your Cocoa fatal car accident attorney.
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Work With a Cocoa Fatal Car Accident Attorney Today
If you are interested in learning more about how you can make the liable party pay for their negligent or wrongful conduct, be sure to contact a Cocoa fatal car accident lawyer at Andrew Pickett Law, PLLC.
Find out more about how the fatal car accident and wrongful death claims process works when you contact our office for a no-cost, risk-free consultation. You can call our office or complete our convenient contact for them to get started on your case as soon as today.